Section Pda 509.06 - Wait List Procedures(a) For purposes of this section, "written notice" means notice sent by certified mail.(b) When a mooring location becomes available in a wait list mooring field, mooring subfield, or nearshore area, the chief harbor master or designee shall send written notice to the first 5 persons on the wait list for that mooring field, mooring subfield, or nearshore area, subject to (c) below, that a mooring location(s) might be available for the mooring field, mooring subfield, or nearshore area, and which mooring location(s) might be available. Each person contacted shall indicate his or her interest in obtaining a mooring permit for a mooring location identified as potentially available in the mooring field, mooring subfield, or nearshore area within 10 business days of the receipt of written notice by the division. If the number of moorings available exceeds the number of persons expressing an interest in a mooring, the chief harbor master or designee shall send written notice to the next 5 persons in order of priority on the wait list, subject to (c) below. For purposes of this paragraph, waiting lists shall be divided into groups of 5 according to placement on the wait list, and mailings shall be sent out in groups of 5, or, if there are fewer than 5 persons in a group, to each person in the group.(c) If the available mooring was used for commercial purposes by an entity that would have qualified for a commercial use mooring permit, the following procedures shall apply: (1) The chief harbor master or designee shall send written notice to the first person on the wait list who has stated an intention to apply for a commercial use permit on the wait list for that mooring field, mooring subfield, or nearshore area, that a mooring location might be available for the mooring field, mooring subfield, or nearshore area and which mooring location might be available;(2) The person contacted shall indicate his or her interest in obtaining a mooring permit for the mooring field, mooring subfield, or nearshore area within 10 business days of the receipt of written notice by the division;(3) If the person contacted does not indicate an interest in obtaining a commercial use mooring permit for the mooring location in the mooring field, mooring subfield, or nearshore area within the required time, the chief harbor master or designee shall notify the next person on the wait list for that mooring field, mooring subfield, or nearshore area who has stated an intention to apply for a commercial use permit, subject to the conditions as provided in (1) above; and(4) If none of the persons who stated an intention to apply for a commercial use permit for that mooring field, mooring subfield, or nearshore area indicates an interest in the mooring location, the chief harbor master or designee shall follow the procedures in (b) above and send written notice to persons on the wait list in order of priority.(d) The chief harbor master or designee shall notify the person highest on the wait list contacted under (b) or (c) above who expresses an interest within the 10 business day period in obtaining a mooring permit that the person may file a mooring application for the available mooring location. Within 10 business days of notification of permission to file the mooring application, the person shall complete an initial mooring permit application and otherwise comply with the requirements set forth in Pda 506 for the type of mooring permit requested.(e) The chief harbor master or designee shall review and process the application in accordance with Pda 506 and Pda 507.(f) If a mooring permit is granted pursuant to Pda 507 between April 1 and September 30, the mooring permit holder shall have 30 days from the date of issuance of the mooring permit to set the mooring equipment in accordance with Pda 510. If the permit is issued between October 1 and March 31, the mooring equipment shall be set on or before May 1.(g) Any person on a mooring wait list offered an opportunity to apply for a mooring permit pursuant to this section, and who refuses the opportunity, shall not be offered a second opportunity to obtain a mooring permit for 180 days from the date of refusal. Although the chief harbor master or designee shall not offer the mooring wait list applicant an opportunity to apply for a mooring during this 180-day period, the mooring wait list applicant shall retain his or her position on the applicable mooring wait list. If a mooring wait list applicant refuses a second opportunity to obtain a mooring permit for the requested mooring field, mooring subfield, or nearshore area, the mooring wait list applicant shall be removed from the wait list. The person's standing on the wait list shall not be affected by the use of a temporary seasonal mooring.(h) A person's name on a mooring wait list shall be removed from the list: (1) When the mooring wait list applicant, in writing, requests the division to remove his or her name from the list;(2) When the mooring wait list applicant is granted a mooring permit for the mooring field, mooring subfield, or nearshore area;(3) If the mooring wait list applicant fails to submit a completed mooring wait list renewal application and wait list fee or late fee in accordance with Pda 509.03 on or before the deadline specified in Pda 506.04 or Pda 509.07; or(4) If the mooring wait list applicant refuses 2 opportunities to obtain a mooring permit in accordance with (g) above.N.H. Admin. Code § Pda 509.06
#7940, eff 8-23-03; amd by #8775, eff 12-16-06; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500)
Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12958, Effective 12/24/2019, Expires 12/24/2029.